EDITORIAL

A year ago, we complained that the California Coastal Commission --

which regulates beach-side development and watches over delicate habitats

-- was overstepping its mission by ordering Newport Beach resident

Rodolphe Streichenberger to remove an artificial reef he had built next

to the Balboa Pier.

The reef, which is made of rubber tires, plastic jugs and PVC piping,

has become a refuge of sorts for the marine life that exists in our

increasingly hostile offshore environment.

Despite the apparent good caused by the reef, the commission planned

to go ahead with its order, but was halted by a lawsuit filed by

Streichenberger in January 2000. Late last month we found out what the

potentially disastrous results of his lawsuit are. In a ruling on the

case, the commission was declared unconstitutional by a superior court

judge who said it is not accountable to the state government or the

voters.

Following the decision, Streichenberger applauded the ruling and

called the commission “tyrannic.” We wish we could share his enthusiasm

for what is potentially, and perhaps literally, an earth-shattering

decision.

Since it was set up in 1972, the commission has been a strong advocate

for protecting our precious coasts and oceanfront waterways. Now, thanks

to this wide-ranging ruling, any number of commission decisions --

including recent orders to clean up Crystal Cove, for instance -- could

be challenged. Then, that earth-shattering noise you will hear is a

five-star hotel where the Crystal Cove cottages now stand.

Commission lawyers, of course, plan to appeal the ruling and are

urging the courts not to put the decision to work before an appeals court

makes another decision.

Now, the commission is not perfect, even environmentalists acknowledge

that. Giving them free reign to halt any construction is clearly the

other side of the coin of unrestrained development that is intolerable.

And perhaps this lawsuit will act as the impetus for needed, thoughtful

change. But simply getting rid of the commission would be an

environmental disaster that we cannot afford.